Publications

Listed below are links to our newsletters and other published press articles which may prove useful. If you would like to discuss any of the issues covered by the following articles, then please don’t hesitate to contact the relevant author. If you would like to be included on the circulation list of our quarterly newsletter please just contact us.

Newletters

Back in November, I wrote an article on how 'damages based agreements' might impact client engagements post 1 April 2013. The Jackson Reforms also included guidance on managing and monitoring experts’ costs – an issue dear to my heart. I summarise some of the key issues later in this newsletter.

Also featured is an article on the importance of cash and liquidity, and how that might impact both the value of a business and the capacity to extract funds from that business; this is often a critical factor in matrimonial disputes.

Additionally, we take a look at the concept of 'hidden assets' in confiscation cases, and how that can be used to justify a disproportionately high benefit figure.

“The future of funding for commercial disputes or…the CFA cometh” by Greg Lacey We consider the impending increase in CFAs in commercial disputes, and the scope for accountancy input in this regard.

“The noose tightens around reckless directors” by Phil Southall A look at directors’ fiduciary duties and particularly those of finance directors; a common theme in both fraud and negligence cases we are currently dealing with.

“Presumed criminal – a brief overview of confiscation orders” by Simon Paley It appears that the Crown is consistently defying logic and common sense and applying an approach that serves to duplicate assessed benefits.

“Falling business values – is it the right time to litigate?” by Phil Southall Our thoughts on the impact of the current economic woes on business valuations, and in particular what that means from a litigant’s perspective.

“Accountants to blame for the credit crunch?...fair do’s” by Greg Lacey A critical assessment of the role played by fair value accounting in the current credit crisis.

“Season’s Greetings – oh no – it’s an audit letter” by Simon Paley An article explaining the accounting requirements for disclosure of litigation liabilities in a company’s year end accounts.

“Commercial Agents Regulations: Lonsdale, the agent for change” by Phil Southall The implications of the Lonsdale ruling on the compensation payable following the termination of a commercial agency contract.

“Pension losses – it’s all Greek to me! Part III” In our final article in the series on pension losses we consider defined benefit schemes.

“You Never Give Me Your Money. So You Can’t Have Any of Mine” by Simon Paley Our thoughts on accounting involvement in matrimonial disputes following the Mills and McCartney ruling, in particular regarding the issue of assessing financial need in divorce cases.

“Business interruption – the steps you should take to bring a successful claim” by Phil Southall A checklist of practical steps that a business should take following an interrupting event.

“Evidence Evidence Evidence” by Greg Lacey Following an interrupting event there are a number of key financial decisions facing a business. This article summarises typical issues that arise, the decisions that need to be made and the evidence that needs to be retained. (Also published in The Grocery Trader, December 2006.)

“Pension losses – it’s all Greek to me!” by Greg Lacey In the first of a three part series we take a look at various pension schemes, and how loss claims will differ depending on which scheme you are considering.

“Why Carlos Tevez has cost Sheffield United more than he cost West Ham…” by Greg Lacey A forensic accountant’s perspective on the true cost to both clubs!

“Mediation and the “f” word” by Phil Southall The implications for both parties when settling disputes where there are allegations of fraud.

“Beware the soft underbelly” by Greg Lacey An article summarising the value of an expert accountant when investigating fraud. (Also published on the North West Fraud Forum website and in Post Magazine, May 2007.)

Articles

Simon Paley considers some of the consequences of the Lord Chancellor’s recent change in the discount rate on personal injury and clinical negligence claims.

The latest inflation figures for the United Kingdom were released on 17 November 2015. According to the UK government’s preferred measure, which is the Consumer Prices Index or CPI, there was negative inflation over the past year of -0.1%. This article looks at the potential impact on UK house prices

We are often asked to analyse directors’ loan accounts (DLAs) in the context of a variety of different circumstances. This article explains the role of DLAs and some of the misunderstandings surrounding them.

Following a disruption to normal trading, the accounting records may be the last thing on management’s mind. However, it is often efficient to collate evidence from the start, and this article details the key accounting information ordinarily required to justify a claim for business losses.

The three basic factors which generally affect the value of a company’s shares are its earnings, its dividends, and the value of its assets. The final value may be a combination of these factors. Their relative importance will depend on the objectives of the purchaser, and the size of the shareholding being acquired.

So long as a business is profitable, a valuation of that business will derive from the earnings it generates. After all, the motivation for most buyers is to create a return on their investment. Consequently, earnings-based approaches (such as capitalised earnings or discounted cash flow techniques) are commonly applied when assessing the worth of a business, whatever its size.

Despite many requests, this is not an article containing photographs of the FAR Consulting Christmas party, but Phil Southall sharing his recent experience of “hot-tubbing” in the professional context.

Whilst attracting some publicity, the mis-selling of IRHP by banks in the UK has not attracted the headlines in the general media and press that the mis-selling of PPI protection cover has received. This possibly has something to do with the complexity of the mis-selling issue itself. After all, you have to be a sophisticated investor to understand any of this, so presumably the story would only play to a sophisticated audience.